Unit 2.1 The UK Constitution Flashcards
Define: Constitution
A set of rules that establish duties/powers/functions of government, regulate the relationship between institutions and define relationship between the state and the individual.
What is the purpose of democracy/a constitution?
To protect rights (determine political power of the state)
establish justice and determine relationship between state and citizen
coexist in peace by establishing political processes
provide defence
promote general welfare
secure a future for later generations, etc…
Define: Limited government
A form of government in which power is subject to limitations and checks, providing protection for the individual (opposite of arbitrary government).
“Man is not free unless government is limited” - Ronald Reagan.
What are the features of the UK constitution?
Parliamentary sovereignty Uncodified Unitary Flexible Fusion of powers
List examples of a codified constitution
USA, Afghanistan, France, Germany, Ireland, North Korea, Russia…
List examples of an uncodified constitution
UK, New Zealand, Israel, Canada and Saudi Arabia
Define: Entrenched
Very hard to change, a device that protects a constitution from short term amendment.
Eg. Human rights
Define: Fossilised
Endured over time
What are the sources of the UK constitution?
- Common Law (made by UK courts/judges)
- Conventions (habits/norms)
- Statute law (constitutional relationships, passed by Parliament)
- Authoritative works (rules for a hung government)
- Foreign law (human rights)
- Traditions (rituals)
- Royal prerogative (PM powers)
Define: Popular sovereignty
The idea that sovereign power is vested in the people and that those chosen to govern must exercise it in conformity of public opinion/will. Power resides with the people (eg polling day, referendums)
Define: Parliamentary sovereignty
Makes Parliament the supreme legal authority which can create or end any law. Power resides with the Parliament (eg devolution).
Aka legal sovereignty -
Describe a danger of referendum
The answer can result in how the question is worded (manipulation).
Define: Devolution
Parliament giving/transferring some power to parts of the UK asymmetrically.
What is the west Lothian question?
Should MPs from the RoUK be able to vote on English matters when English MPs can vote on devolved matters?
Arguments for devolution
- National regions have different end demands/needs/cultures than England
- More democratic as it gives the people power
- Asymmetrical allows for different solutions for different problems
- Prevents the break up of the UK
- Reduces workload for British government
Arguments against devolution
- West Lothian question
- Demands for independence fuelled by devolution so UK may break up
- Extra layer of government increased costs to taxpayer
- British government has retained important powers for itself
- Nationalists don’t have a separate voice in Europe
- Asymmetrical isn’t fair
Arguments for a codified constitution
- May stop/prevent the abuse of power by the government and Prime Minister, limits power
- Citizens would be more aware of how the system works by clarifying the political system or relationships (eg. Devolution or EU)
- Might create more public engagement
- Rights and freedoms would be better protected - judicial review would become precise/transparent
- Brings the UK into line with other modern democracies
Arguments against a codified constitution
- Political system would lose its flexibility (which is needed eg in reforms)
- May cause the executive to become less strong and decisive
- It would destroy many political traditions and so reduce public attachment to politics
- Lots of unwritten conventions will make it difficult to codify
- May put too much power into the hands of unelected/unaccountable/not socially representative judges who have to interpret a constitution
- We already have a stable political system - Conservatives
Define: codification
The process of setting out a constitution in an organised way in a single document/single source.
What is meant by the term flexibility?
The constitution can adapt to a changing world without major upheavals. UKs constitution, because of its flexibility, is rooted in society, not separate from society.
Define: uncodified
A set of constitutional rules that exist, but are not contained in a single document. Also implies that the rules are not entrenched or safeguarded.
Define: unitary constitution
Sovereignty resides in one location, at the centre. It is possible that some power may be distributed to regions and local governments, however the central sovereign power can overrule this and restore all political power to itself.
Define: federal constitution
Sovereignty is divided between central bodies and regional institutions. This type of constitution usually arises when a number of sovereign states come together and agree to surrender some of their power to a central authority, but not all.
Define: quasi federalism
A description often applied to both the European union and devolution in the UK, meaning that some features of federalism are present in our legal system.
Define: constitutional reform
A process whereby the fundamental nature of the government is changed or where change is proposed.
What 4 key areas has the UKs constitutional reforms been based on?
Democratisation - HOL reforms, electoral system reform (AV failed)
Decentralisation - Devolution, mayors
Modernisation - Fixed term parliament, more referendum use
Restoration of rights - ECHR, Freedom of information act
Give examples of a statute law
1999 House of Lords act
1928 Equal franchise act (voting rights to women)
Give examples of conventions
Salisbury convention- HOL should not block any legislation that appeared on the governments manifesto.
Collective responsibility.
Give examples of historical principles/authoritative works
Parliamentary sovereignty.
Rule of law.
Give an example of common law
The prerogative powers of the Prime minister, which the court guards.
Give an example of traditional law
Queens speech opens the new parliament.
Give an example of foreign/European law
Human rights act (1998)
How can judicial review affect the constitution?
In effect, it rewrites the constitution by clarifying or altering its accepted meaning. Eg. The belmarsh case altered its terrorism act.
Give an example of royal prerogative
Prime minister can declare war without conference.
Strengths and weaknesses of the current British constitution
~Uncodified nor entrenched = flexible and adaptable, eg. May 2010 coalition was possible because of this
~Highly traditional, Britain hasn’t suffered any domestics since the 17th century civil war - enduring qualities
~Parliament isn’t completely restricted by constitution
~Public support achieved through traditional elements eg HOL
———
~Lack of restraints gives more power to government
~Traditions may be outdated or undemocratic eg FPTP, the monarchy and HOL
~Lacks separation of powers, government dominates parliament
~People are ignorant of the constitution, unawareness leads to apathy and lack of support
Define: Pooled sovereignty
Where legal sovereignty is exercised collectively by a number of sovereign states, eg as in the European Union.
Define: Political sovereignty
Refers to the location of real power, ignoring where legal power may lie and concentrating on who realistically can exercise power within the state.
Eg. Through a mandate, prerogative powers, devolution assemblies and general elections.
What areas of jurisdiction has been passed largely to the EU?
Trade Agriculture Fishing (Factortame case - EU laws are superior to UK) Employment law Consumer law
Compare uncodified to codified constitution
- Several documents vs. single documents
- Flexible vs. entrenched
- Less checks and balances vs. prevents abuse of power
- Freedoms not safeguarded vs. judges are important
What are the 6 main functions of a constitution?
- Determine how political power should be distributed
- Establish political processes, the relationships between institutions
- States what the limits of governmental powers are
- Assert the rights of citizens against the state
- Establish nationality, who is entitled to be a citizen and how
- States how the constitution itself can be amended
Which parts of the UK constitution are codified?
• Human rights act (1988)
• Devolution acts (1998)
Relationship with the EU (eg. Lisbon treaty 2009)
• Freedom of information act (2000)
• Status/conduct of political parties: Political parties, elections and referendums act (2000)
Where does sovereignty lie in the UK?
- Parliament - legally sovereign can reclaim all powers including devolution.
- Prime minister and government -politically sovereign as they hold effective power, royal prerogatives. Devolved assemblies also have political sovereignty.
- People - popular sovereignty, hold power in cases such as referendums (entrenches?) although they are not binding it is unlikely that parliament would overrule the people.
- European Union - pooled sovereignty, EU law is superior in policies such as trade environment and employment.
Give an example of when parliamentary sovereignty was used to ‘rewrite’ the constitution
HM treasury vs. Ahmed:
As a counter terrorism measure, the government began to freeze the bank accounts of suspected terrorists.
However the Supreme Court ruled that the government had acted ultra vires.
As a result the government passed new legislation - the terrorist asset freezing act 2010 (statute law) which gave them the powers that the Supreme Court claimed they lacked.
